148Forensic Division to exercise functions

#### 148 Forensic Division to exercise functions 148 Forensic Division to exercise functions > > (1) The functions of the Tribunal under this Act are to be exercised by the Forensic Division of the Tribunal. > > > (2) The Forensic Division of the Tribunal is to consist of the following members— > > > > > (a) the President or a Deputy President, > > > > > (b) a member who is a psychiatrist, a psychologist or other suitable expert in relation to a mental condition, > > > > > (c) a member who has other suitable qualifications or experience. > > > > Note. > > > > Under section 150(1) of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), the Tribunal is to be constituted by members nominated by the President. See Chapter 6 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) for other provisions applying generally to the Tribunal. > > > (3) The Tribunal must not make either of the following orders unless the Tribunal is constituted by at least 1 member, including the President or a Deputy President, who is the holder or former holder of a judicial office— > > > > > (a) an order for the release of a forensic patient, > > > > > (b) an order granting leave of absence to a forensic patient. > > > (3A) Subsection (3)(b) does not apply if the order grants leave of absence to a forensic patient only if escorted by a person employed at the mental health facility or place of detention. > > > (4) The regulations may provide that for specified functions of the Tribunal under this Act or the regulations, the Forensic Division is to be constituted by the President or a Deputy President. > > > (5) The regulations may make provision for or with respect to the constitution of the Tribunal, and procedure, for a limited review under this Part. > > > > Note. > > > > Regulations may also be made under section 160 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) with respect to procedure of the Tribunal for the purposes of this Act. > > > (6) In this section— > > > > judicial office has the same meaning as in the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), Schedule 5, clause 5A. > > **s 148:** Am 2025 No 5, Sch 1\[2\] \[3\].